Jim Marr, Dave Hogan and Don Rees, April 22, 1991

DAVE FROHNMAYER
ATTORM_'t Gf~l RAl
'-.1:\.H 01 ~)RI_Ul'
Jim Marr
KPTV 12
735 s.w. 20th Place
P.O. Box 3401
Portland, OR 97208
Dave Hogan
The Oregonian
1320 s.w. Broadway
Portland, OR 97201
Don Rees
KGW-TV
DEPARTMENT OF JUSTICE
justi~ Building
Salem, Oregon 97310
Telephone: (503) 378-4400
April 22, 1991
1501 s.w. Jefferson Street
Portland, OR 97201
Re: Petition for Public Records Disclosure Order;
Children's services Division Records
Gentlemen:
jACK L l.A'\D-\L
DU'l-n r\Th)R'\1 l l,l '-.1 !~\I
This letter is the Attorney General's order on your
petitions for disclosure of records under the Oregon Public
Records Law, ORS 192.410 to 192.505. Each of you has requested
the Attorney General's Office to order .. Children' s services
Division (CSD) to release its records concerning Michael Lee
Henry. Jim Marr and Don Rees both made a request to CSD for
release of those records on April 15, 1991, and a request for
review by the Attorney General on April 15, 1991. Dave Hogan
requested release of the records from cso on some date unknown
to us, and requested review by the Attorney General on
April 15, 1991. For the reasons that follow, we respectfully
deny your petitions.
Jim Marr
Dave Hogan
Don Rees
April 22, 1991
Page 2
The Public Records Law confers a right to inspect any
public records of a public body in oregon, subject to certain
exemptions and limitations. See ORS 192.420. In order to
inspect such records, a person first must ask the agency that
has custody of the records. See ORS 192.430. A person may
petition the Attorney General-ror a disclosure order only when
the custodian of records denies the person access to the
records. See ORS 192.450. Mr. William L. Carey, Administrator
of CSD, has-Informed us that he is making the requested records
available to you, except for records about other persons,
records which are medical and psychological records, and
information which would permit identification of child abuse
reporters. Mr. carey's response is the final agency response
to your request, and comes subsequent to the filing of your
petitions with the Attorney General. Your petitions to the
Attorney General could be considered premature in light of this
response.
Even if your petitions were premature, we would deny them
in this instance given Mr. carey's response. The records which
are not being released fall within an exemption to the general
rule of public accessibility to government records.
ORS 192.502(8) prohibits disclosure of records which are
made privileged under Oregon law. Michael Lee Henry's
psychological and medical records are privileged under ORS
40.230 and 40.235, and consequently are exempt from public
disclosure. Similarly, records which permit identification of
child abuse reporters are confidential under ORS 418.770.
Records relating to public assistance eligibility and grants
are confidential under ORS 411.320.
·~
For these reasons, we respectfully deny your petitions to
compel disclosure.
DCA:RW:LRY:aml/9939a
~~ Richard wasserman
Assistant Attorney General
Public Records coordinator
c: William L. carey, Administrator, Children's services
Division

Click tabs to swap between content that is broken into logical sections.

DAVE FROHNMAYER
ATTORM_'t Gf~l RAl
'-.1:\.H 01 ~)RI_Ul'
Jim Marr
KPTV 12
735 s.w. 20th Place
P.O. Box 3401
Portland, OR 97208
Dave Hogan
The Oregonian
1320 s.w. Broadway
Portland, OR 97201
Don Rees
KGW-TV
DEPARTMENT OF JUSTICE
justi~ Building
Salem, Oregon 97310
Telephone: (503) 378-4400
April 22, 1991
1501 s.w. Jefferson Street
Portland, OR 97201
Re: Petition for Public Records Disclosure Order;
Children's services Division Records
Gentlemen:
jACK L l.A'\D-\L
DU'l-n r\Th)R'\1 l l,l '-.1 !~\I
This letter is the Attorney General's order on your
petitions for disclosure of records under the Oregon Public
Records Law, ORS 192.410 to 192.505. Each of you has requested
the Attorney General's Office to order .. Children' s services
Division (CSD) to release its records concerning Michael Lee
Henry. Jim Marr and Don Rees both made a request to CSD for
release of those records on April 15, 1991, and a request for
review by the Attorney General on April 15, 1991. Dave Hogan
requested release of the records from cso on some date unknown
to us, and requested review by the Attorney General on
April 15, 1991. For the reasons that follow, we respectfully
deny your petitions.
Jim Marr
Dave Hogan
Don Rees
April 22, 1991
Page 2
The Public Records Law confers a right to inspect any
public records of a public body in oregon, subject to certain
exemptions and limitations. See ORS 192.420. In order to
inspect such records, a person first must ask the agency that
has custody of the records. See ORS 192.430. A person may
petition the Attorney General-ror a disclosure order only when
the custodian of records denies the person access to the
records. See ORS 192.450. Mr. William L. Carey, Administrator
of CSD, has-Informed us that he is making the requested records
available to you, except for records about other persons,
records which are medical and psychological records, and
information which would permit identification of child abuse
reporters. Mr. carey's response is the final agency response
to your request, and comes subsequent to the filing of your
petitions with the Attorney General. Your petitions to the
Attorney General could be considered premature in light of this
response.
Even if your petitions were premature, we would deny them
in this instance given Mr. carey's response. The records which
are not being released fall within an exemption to the general
rule of public accessibility to government records.
ORS 192.502(8) prohibits disclosure of records which are
made privileged under Oregon law. Michael Lee Henry's
psychological and medical records are privileged under ORS
40.230 and 40.235, and consequently are exempt from public
disclosure. Similarly, records which permit identification of
child abuse reporters are confidential under ORS 418.770.
Records relating to public assistance eligibility and grants
are confidential under ORS 411.320.
·~
For these reasons, we respectfully deny your petitions to
compel disclosure.
DCA:RW:LRY:aml/9939a
~~ Richard wasserman
Assistant Attorney General
Public Records coordinator
c: William L. carey, Administrator, Children's services
Division